I am not a german legal scholar, so will have missed some of the nuances, but here are some key take aways from my review of the recent ruling of the Germany Constitutional Court. Looking forward to reactions, additions and corrections...
1.The right to life and security of the person includes the right to a healthy environment to support life and security of the person, including the right to a climate necessary for life and security of the person.
2.The state is obligated to take measures to protect these rights by taking adequate measure to protect future generations from the dangers of climate change.
3.The right to be protected from the dangers of climate change has to be balanced against other human rights (including of current generation), but given the state of the climate crisis, measures to protect future generations from climate change are becoming increasingly urgent.
4.The state has a special obligation (trust?) to protect future generations, and the lack of full scientific certainly (such as the exact national carbon budget) is not a valid reason to delay action to reduce risks to future generations.
5.The global character of the climate crisis does not exempt a state from its obligations to take all reasonable measures to stabilize the climate. A state is not absolved of responsibility in this regard as a result of the actions or inactions of another state.
6.The court concludes that the state has an obligation not to consume a disproportionate portion of the remaining national carbon budget in the short term and to thereby leave a disproportionate burden on future generations or to otherwise unduly constrain future generations.
7.The right to life and security of the person obligates the state to take measures to protect the natural foundations of life, to handle them with care and to pass them on in such a state that subsequent generations can maintain them without radical self-sacrifice.
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